Trademark and Brand Name Restrictions

What it is

The policy prohibits Associates from registering trademarks confusingly similar to Amazon's marks and from purchasing paid search keywords or advertising identifiers that consist of or include Amazon brand names or trademark terms.

Why it matters (compliance & governance perspective)

This provision restricts Associates from using Amazon's brand equity to drive paid search traffic to their affiliate sites, which affects a common affiliate marketing tactic of bidding on branded keywords. The trademark registration prohibition establishes a baseline intellectual property compliance requirement that applies independently of advertising activity.

Consumer impact (what this means for users)

Under these terms, Associates may not purchase paid search advertisements that use Amazon brand terms or trademarks as keywords, limiting the paid traffic acquisition methods available to affiliates for driving Amazon referral clicks.

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: This provision engages federal trademark law under the Lanham Act, which prohibits trademark infringement and false designation of origin. Paid search trademark bidding practices have been the subject of FTC and judicial scrutiny in various contexts. The FTC may also be relevant where misleading brand use constitutes a deceptive commercial practice. 2. GOVERNANCE EXPOSURE: Medium. The prohibition on keyword bidding using Amazon brand terms is a standard provision in affiliate program agreements and reflects Amazon's broader brand protection practices. The trademark registration prohibition carries a higher legal exposure if violated, as it could result in trademark opposition or cancellation proceedings. 3. JURISDICTION FLAGS: Associates operating in EU member states should note that EU trademark law and the EU Comparative Advertising Directive may apply independently to keyword advertising using third-party brand names. The enforceability and scope of keyword advertising trademark restrictions varies by jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: Associates using paid search management agencies or platforms should ensure those vendors are contractually prohibited from bidding on Amazon brand terms on the Associate's behalf, as the Associate bears responsibility under these terms. 5. COMPLIANCE CONSIDERATIONS: Legal teams should audit all paid search and paid social advertising accounts associated with the Amazon Associates relationship for keyword targeting that includes Amazon brand terms. Vendor contracts with search engine marketing agencies should include explicit prohibitions on Amazon trademark keyword bidding.

Applicable agencies

Provision details

Other risks in this policy

• Cookie Stuffing Prohibition medium
• Incentivized Clicks and Purchases Prohibition high
• Mandatory Affiliate Relationship Disclosure medium
• Commission Withholding and Account Termination for Violations high
• Prohibition on Fake or Unauthorized Sites medium
• Misleading Pricing and Availability Claims medium

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